By Doyin Ojosipe
The National Industrial Court Abuja, Friday maintained its ground by again rejecting an application filed by the Nigeria Bulk Electricity Trade PLC (NBET) to stay proceedings in a case brought before it by one of the company’s embattled staff, Mr Sambo Abdullahi.
Recall that Counsel to NBET had filed the application before the then trial Judge, Hon Justice Kiyersohot Damulak, asking the court to refrain from hearing the suit pending when the application it filed at the appeal court is heard and determined.
Abdullahi, head of the Internal Audit at NBET, had queried fraudulent acts by Dr Marilyn Amobi, MD/CEO of NBET, alleging that transactions made by her on behalf of the organisation violated extant circulars, Financial Regulations and agreement duly executed by NBET.
He specifically queried the payment of 7.5million naira to one Engr. Achinaya, a monthly over-invoicing of N2billion naira to Olorunsogo and Omotosho Power plants and 30 million naira to Azinge & Azinge and Aelex law firms to mention a few.
Angered by the auditor’s queries, the NBET MD redeployed Abdullahi to another department and ensured his salaries are withheld since December 2017.
In a bid to challenge continuous intimidation by the MD, the embattled whistle-blower had approached the industrial court who ordered the maintenance of a status quo until the determination of the case.
Dissatisfied with the court’s order, Amobi raced to the Appeal court seeking an order to set it aside.
The appeal was on the grounds that the trial judge had erred by issuing a suo motu, which is “directing parties to maintain the status quo without affording the parties any opportunity to address the court in respect of the said order.”
Presiding judge transferred, case reassigned
While employing the delaying tactics by making an oral application before the National Industrial Court to stay proceedings, and not serving the claimant’s counsel the application for stay of proceedings at the appropriate time, after securing an adjournment to file the application, the NBET Counsel had also approached the appeal court seeking a relief for the trial judge to recuse himself from the case.
However, a few days before the resumption of the case, Justice Kiyersohot Damulak was transferred out of the Abuja division of the NICN. Although the application to the Appeal court was yet to be heard, no reason was given for the transfer.
The new judge, Hon Justice Oyejoju Oyebiola Oyewunmi, who took over the case, on Friday October 4, 2019, insisted that the suit could not lie fallow while the Appeal court was busy with some other dealings.
The case was adjourned till October 31st and November 1st 2019, for hearing.
